10-23-2002 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL OCTOBER 23, 2002 .McDonell indicated the need to be clear that the risk to the, City was $10,000. Anderson questioned why the City should be at risk for $10,000. Fahey stated that there is no good reason for the taxpayers of Little Canada to be at risk for this cost. Kevin VonReidel, Dayspring Development, commented that the preliminary plat as proposed does not maximize density. VonReidel stated that moving the street completely out of the easement would severely impact the development. VonReidel offered to submit a bond or insurance or an escrow of funds to cover the potential cost of street reconstruction should Williams have to disturb the road. Von Reidel also asked for clarification of whether the entire right-of way had to be off the easement area or if the paved portion of the street had to be off the easement area. Scalze pointed out that the policy requires the entire right-of--way off the easement area. Fahey pointed out the Williams may need to disturb the road 25 years from now and questioned how the financial guarantee would work for the long-term protection of the City. Von Reidel replied that a cash escrow to the City would resolve that concern. The City Administrator noted that the City's policy is for the street right-of--way to be outside the Williams easement. FIe noted that right-of--way is used for more than just road pavement, and that the right-of--way also carries utilities. Locating the entire right-of--way outside the Williams easement protects the public's rights for both street and utility usages. The Administrator indicated that if Williams is confident they will not utilize this right-of--way, they could release it. McDonell replied that Williams has a policy of never releasing right-of--way. McDonell also noted that the utilities for The Preserve are proposed on the north side of the road. The Administrator pointed out the various utilities of water, sewer, storm sewer, gas, telephone, cable TV will make the north side of the road very crowded. McDonell indicated that utilities will be addressed as part of design review with the City Engineer. Montour asked about Lot 1, Block 3 and the resulting corner lots due to the development of Preserve Trail as a connection to Viking Drive. McDonell reported that only one lot to the east would become a caner lot given the creation of an outloY to create an area between the existing lots and the road right-of--way. Fahey took issue with leaving a very small strip of property between the existing lots and the road right-of--way as a means of avoiding the technical definition of a corner lot. Anderson asked who would be responsible For the maintenance of Outlot D. McDonell reported that The Preserve homeowners association would be.